City Council Committee

CITY OF HENDERSON CITY COUNCIL MINUTES COMMITTEE MEETING December 17, 2013 I. CALL TO ORDER Mayor Hafen called the Committee Meeting to order at 6:38 p.m., in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. II. CONFIRMATION OF POSTING AND ROLL CALL The City Clerk confirmed the Committee Meeting had been noticed in compliance with the Open Meeting Law by posting the Agenda three working days prior to the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, and Fire Station No. 86, and by mailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing List. Present: Andy Hafen, Mayor Gerri Schroder, Councilwoman John F. Marz, Councilman Debra March, Councilwoman Sam Bateman, Councilman Absent: None Officers: Jacob L. Snow, City Manager Josh Reid, City Attorney Sabrina Mercadante, City Clerk Absent: None Staff: Richard Derrick, Chief Financial Officer Bob Murnane, Public Works Director Tracy Foutz, Asst. Director of Community Dev. and Services Tedie Jackson, Minutes Clerk Jonathan Nunes, Council and Commission Services Coordinator III. PUBLIC COMMENT No public comments were presented. Henderson City Council Committee Meeting Page 2 of 18 December 17, 2013 – Minutes IV. ACCEPTANCE OF AGENDA (Motion) Mayor Andy Hafen moved to accept the agenda as amended: C-1 and C-2, the applicant’s name on the agenda item cover page in the backup materials reads “John Mannion Advantage Civil Design Group,” but should be “John Manning Advantage Civil Design Group.” The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. V. ITEMS OF BUSINESS C-1 BILL NO. 2813 ZONE CHANGE ZCA-13-500476 SPEAR 30 - PARCEL 2 APPLICANT: COMMUNITY DEVELOPMENT, D.R. HORTON INC. Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED NORTH OF PATTI ANN WOODS DRIVE, APPROXIMATELY 600 FEET WEST OF COLLEGE DRIVE, IN THE MISSION HILLS PLANNING AREA, FROM RS-1-RN (LOW-DENSITY RESIDENTIAL WITH RURAL NEIGHBORHOOD OVERLAY) TO RS-1-RN-PUD (LOW-DENSITY RESIDENTIAL WITH RURAL NEIGHBORHOOD AND PLANNED UNIT DEVELOPMENT OVERLAYS) AND MATTERS PROPERLY RELATED THERETO. Tracy Foutz, Assistant Director of Community Development and Services, noted that this ordinance was introduced at the last meeting. (Motion) Councilman Sam Bateman moved to refer Bill No. 2813 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Committee Meeting Page 3 of 18 December 17, 2013 – Minutes C-2 BILL NO. 2814 ZONE CHANGE ZCA-13-500477 SPEAR 30 - PARCEL 6 APPLICANT: COMMUNITY DEVELOPMENT, D.R. HORTON Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED SOUTH OF MISSION DRIVE, APPROXIMATELY 950 FEET WEST OF COLLEGE DRIVE, IN THE MISSION HILLS PLANNING AREA, FROM RS-1-RN (LOW-DENSITY RESIDENTIAL WITH RURAL NEIGHBORHOOD OVERLAY) TO RS-1-RN-PUD (LOW-DENSITY RESIDENTIAL WITH RURAL NEIGHBORHOOD AND PLANNED UNIT DEVELOPMENT OVERLAYS) AND MATTERS PROPERLY RELATED THERETO. Tracy Foutz, Assistant Director of Community Development and Services, noted that this ordinance was introduced at the last meeting. (Motion) Mayor Andy Hafen moved to refer Bill No. 2814 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. C-3 BILL NO. 2815 ZONE CHANGE ZCA-13-500438 SANDY HEIGHTS 3 APPLICANT: COMMUNITY DEVELOPMENT, STORYBOOK HOMES Jacob Snow, City Manager, introduced and read this Bill by title: Henderson City Council Committee Meeting Page 4 of 18 December 17, 2013 – Minutes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, ON 2.5 ACRES, GENERALLY LOCATED NORTH OF SANDY RIDGE AVENUE, APPROXIMATELY 420 FEET SOUTHEAST OF HORIZON RIDGE PARKWAY, IN THE MACDONALD RANCH PLANNING AREA, FROM RS-2 (LOW-DENSITY RESIDENTIAL) TO RS-8 (LOW-DENSITY RESIDENTIAL), AND MATTERS PROPERLY RELATED THERETO. Tracy Foutz, Assistant Director of Community Development and Services, noted that this ordinance was introduced at the last meeting. (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 2815 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. C-4 BILL NO. 2816 ZONE CHANGE ZCA-09-660018-A1 LTA / CSI APPLICANT: COMMUNITY DEVELOPMENT, PANATTONI DEVELOPMENT Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 10, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EXECUTIVE AIRPORT DRIVE AND BRUNER AVENUE, IN THE WEST HENDERSON PLANNING AREA, FROM CNTY (CLARK COUNTY) TO IP-MP (INDUSTRIAL PARK WITH MASTER PLAN OVERLAY) ON A 9.1 ACRES, AND MATTERS PROPERLY RELATED THERETO. Tracy Foutz, Assistant Director of Community Development and Services, noted that this ordinance was introduced at the last meeting. Henderson City Council Committee Meeting Page 5 of 18 December 17, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 2816 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. C-5 BILL NO. 2817 ZONE CHANGE ZCA-13-500456 CORONA BLACK GREEN VALLEY APPLICANT: COMMUNITY DEVELOPMENT, JULIET COMPANIES / CORONA BLACK Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF GREEN VALLEY PARKWAY AND CARNEGIE STREET, IN THE MACDONALD RANCH PLANNING AREA, FROM DH (DEVELOPMENT HOLDING) AND RS-2 (SINGLE-FAMILY RESIDENTIAL) [CURRENTLY ZONED CM-PUD COMMERCIAL MIXED USE BY RESOLUTION OF INTENT] TO RM-10 (MEDIUM-DENSITY RESIDENTIAL) ON 23.3 ACRES AND RH-24 (HIGH-DENSITY RESIDENTIAL) ON 13.8 ACRES, AND MATTERS PROPERLY RELATED THERETO. Tracy Foutz, Assistant Director of Community Development and Services, noted that this ordinance was introduced at the last meeting. (Motion) Mayor Andy Hafen moved to refer Bill No. 2817 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Committee Meeting Page 6 of 18 December 17, 2013 – Minutes C-6 BILL NO. 2818 ZONE CHANGE ZCA-13-500451 FOOTHILLS BOULDER APPLICANT: COMMUNITY DEVELOPMENT, FOOTHILLS INVESTMENT CO. Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 27 AND 34, TOWNSHIP 22 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 18.4 ACRES, GENERALLY LOCATED AT THE NORTH CORNER OF WAGONWHEEL DRIVE AND BOULDER HIGHWAY, IN THE RIVER MOUNTAIN PLANNING AREA, FROM MC (CORRIDOR/COMMUNITY MIXED USE) TO RS-8-PUD (LOW-DENSITY RESIDENTIAL WITH PLANNED UNIT DEVELOPMENT OVERLAY) AND MATTERS PROPERLY RELATED THERETO. Tracy Foutz, Assistant Director of Community Development and Services, noted that this ordinance was introduced at the last meeting. (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 2818 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. C-7 BILL NO. 2819 ZONE CHANGE ZCA-13-500420 ALPER AIRPORT CENTER APPLICANT: COMMUNITY DEVELOPMENT, ELIOT ALPER, ELIOT HOLDINGS Jacob Snow, City Manager, introduced and read this Bill by title: Henderson City Council Committee Meeting Page 7 of 18 December 17, 2013 – Minutes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 3, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT THE SOUTHEAST CORNER OF EXECUTIVE AIRPORT DRIVE AND EXECUTIVE TERMINAL DRIVE, IN THE WESTGATE PLANNING AREA FROM CO (COMMERCIAL OFFICE) TO CC (COMMUNITY COMMERCIAL), AND MATTERS PROPERLY RELATED THERETO. Tracy Foutz, Assistant Director of Community Development and Services, noted that this ordinance was introduced at the last meeting. (Motion) Mayor Andy Hafen moved to refer Bill No. 2819 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. C-8 BILL NO. 2820 ZONE CHANGE ZCA-13-500433 JAGER RESIDENCE APPLICANT: COMMUNITY DEVELOPMENT, SHANE JAGER Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 1, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED ON THE WEST SIDE OF EASTERN AVENUE APPROXIMATELY 200 FEET NORTHWEST OF ITS INTERSECTION WITH EVANSVILLE AVENUE, IN THE WESTGATE PLANNING AREA, FROM PS-MP (PUBLIC/SEMIPUBLIC WITH MASTER PLAN OVERLAY) TO RS-6-MP (LOW-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY), AND MATTERS PROPERLY RELATED THERETO. Tracy Foutz, Assistant Director of Community Development and Services, noted that this ordinance was introduced at the last meeting. Henderson City Council Committee Meeting Page 8 of 18 December 17, 2013 – Minutes (Motion) Councilman Sam Bateman moved to refer Bill No. 2820 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. C-9 BILL NO. 2821 ZONE CHANGE ZCO-01-670025-A16 THE CANYONS AT MACDONALD RANCH (PARCEL B) APPLICANT: COMMUNITY DEVELOPMENT, AGRW - CANYONS, LLC Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTIONS OF SECTION 29, 31 AND 32, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED EAST OF THE INTERSECTION OF GREEN VALLEY PARKWAY/SUNRIDGE HEIGHTS PARKWAY AND CARNEGIE STREET, IN THE MACDONALD RANCH PLANNING AREA, FROM CC-MP-H (COMMUNITY COMMERCIAL WITH MASTER PLAN AND HILLSIDE OVERLAYS) AND RH-24-MP-H (HIGH-DENSITY RESIDENTIAL WITH MASTER PLAN AND HILLSIDE OVERLAYS) TO RS-6-MP-H (LOW-DENSITY RESIDENTIAL WITH MASTER PLAN AND HILLSIDE OVERLAYS), AND MATTERS PROPERLY RELATED THERETO. Tracy Foutz, Assistant Director of Community Development and Services, noted that this ordinance was introduced at the last meeting. (Motion) Councilman Sam Bateman moved to refer Bill No. 2821 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Committee Meeting Page 9 of 18 December 17, 2013 – Minutes Note: C-10, C-11, and C-12 were discussed together. C-10 BILL NO. 2822 AMEND HENDERSON MUNICIPAL CODE CHAPTER 4.32 GAMBLING-REGULATIONS AND LICENSES CITY ATTORNEY'S OFFICE Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 4.32 – GAMBLING – REGULATIONS AND LICENSES - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. Mayor Hafen commented that these are pretty important ordinances and he complimented staff for their hard work. Lana Hammond, Business License Administrative Specialist, stated that the ordinance amending Chapter 4.32 of Title 4 revises definitions within the chapter to be consistent with Nevada Revised Statutes (NRS). She explained that the ordinance expands conditions in relation to gaming in certain types of business establishments to support changes being introduced in Chapter 4.36, creates a specific timeframe for reporting changes of officers or members, enhances regulations regarding the non-operational status of businesses, enhances the regulations regarding the revocation of licenses, and establishes reinstatement fees. She stated that the changes regarding Chapter 4.32 are being made in association with amendments to Chapter 4.36 and Title 19. Ms. Hammond submitted a paper into the record. She stated that the ordinance amending Chapter 4.36 clarifies conditions relating to specific liquor license classifications, and it creates six new liquor license classifications. This includes brew pub, brew pub combo, craft distillery, craft distillery combo, instructional wine-making facility, and grocery store internet liquor sales. She said it also revises definitions within the chapter to be more consistent with NRS. It enhances the regulations regarding the non-operational status of the business and enhances the regulations regarding the revocation of the license. It establishes the reinstatement fee within the chapter and it reduces the allowable number of slot machines within restaurants and restaurants with bars. Henderson City Council Committee Meeting Page 10 of 18 December 17, 2013 – Minutes Ms. Hammond explained that staff has been working with the industry to address comments regarding the ordinance. Regarding Chapter 4.36, Section 040, Subsection L, the following sentence should be added: “Notwithstanding the foregoing, pre-existing non-conforming restaurants with bar with a minimum of 15 slot machines that are permitted to operate 24 hours at the time of passage of this ordinance, may reduce staffing to a minimum of two personnel on the premises between 2:00 a.m. and 6:00 a.m. Regarding Item C-12, Mr. Foutz stated this ordinance addresses changes requested by City Council at a joint Planning Commission and City Council workshop meeting held earlier this year. He said the intent of this amendment is to address concerns regarding eating and drinking establishments that operate more as a restrictive gaming establishment as a primary use. He stated that the new code establishes standards that require significant investment in the business as an eating or drinking establishment in order to allow gaming machines as an ancillary use. Eddie Dichter, Principal Planner, reported that the Planning Commission reduced the number of seats in a tavern from staff's recommendation of 100 to 60; and changed staff recommendation of not allowing a fishbowl in a tavern to allowing a fishbowl. Sean Higgins, 3900 Howard Hughes Parkway, Las Vegas, representing Golden Gaming, stated that allowing 60 seats in a tavern is appropriate, of which 25 seats could be in the bar area but not at the bar physically. Responding to a question by Councilwoman March as to why the Planning Commission reduced the number of seats in a bar, Mr. Foutz noted that there was no discussion at the meeting to justify that change. Mr. Higgins commented that the State as well as other jurisdictions within the Las Vegas Valley requires 25 seats. Mayor Hafen asked if the State and other jurisdictions are allowing up to 15 slots and 25 seats in the restaurant. Josh Reid, City Attorney, explained that the provision is in Title 19.5.5.S.2, Subsection 2ii(d). He said the primary business of taverns is the sale of alcohol, with approval for ancillary businesses. The seating requirement comes into play if the establishment wants more than five gaming machines. The proposed Code revisions in Title 19 states that the establishment shall be primarily engaged in the service of meals with selling or serving alcoholic beverages at retail to the general public for on-premises consumption. He noted that this sets Henderson apart from the State regulations. This expands on the requirement where if you want more than five machines, the primary business is a restaurant that serves alcohol. If the primary business is the sale alcohol, they are limited to five machines and the extra requirements do not apply. Henderson City Council Committee Meeting Page 11 of 18 December 17, 2013 – Minutes Mr. Higgins stated that the state statute says if you are applying in counties of more than 100,000 people and you want to be entitled to up to 15 gaming devices, you must have a restaurant with 25 seats. He said Clark County calls for a minimum of 25 seats in a tavern as well. He said the industry believes 60 seats is an appropriate number for a tavern. Regarding the fishbowl issue, Mr. Higgins said between existing restaurants with bar and existing taverns, there are six total licenses pending before the City. He asked that the fishbowl requirement be for new locations and not affect locations that are open, operating, and changing hands, or for applications currently in the approval process. George Garcia, 1711 Whitney Mesa Drive, Suite 110, was present with Paul Kraft, 7020 West Sunset Road, Las Vegas, owner of Wahoo’s Fish Tacos. Mr. Garcia noted issues regarding grandfathering and the fishbowl. He said Wahoo’s Fish Tacos is a restaurant with bar and has the fishbowl environment to deal with the smoking issue. He said they support the draft proposal that the bar area be fully enclosed as opposed to only enclosed with a three-foot wall. Regarding the floor plan modifications, Mr. Gracia asked the language to be clarified that the determination as to substantial compliance is based on the Code that was in existence at the time the facility came into existence. Mr. Kraft stated that they have a second Wahoo’s Fish Tacos location planned at Green Valley Crossing; however, this development has been put on hold due to the ordinance changes. He noted that this establishment would cost over $800,000 and create 35 to 40 new jobs. Councilman Bateman asked if the proposed changes will affect the existing Wahoo’s Fish Tacos establishment, and the new proposed location. Mr. Reid replied that the existing location is a restaurant with bar, so the proposed changes should not affect their operation. Ms. Hammond said the Wahoo’s Fish Tacos Green Valley location has already been approved for their alcohol and the gaming and would be allowed to have 15 machines. Mr. Dichter commented that the building permits have been submitted and reviewed for the Green Valley location. Councilman Bateman stated that he likes the Wahoo’s Fish Taco establishment in Boca Park that is a restaurant with bar, has five gaming machines, and does not have an enclosure. He noted that Wahoo’s has several California locations that do not have gaming. Henderson City Council Committee Meeting Page 12 of 18 December 17, 2013 – Minutes Councilwoman Schroder commented that the location at Horizon Ridge is a nice establishment and the tavern cannot be seen from the entrance. Mayor Hafen stated that this issue is under the existing restaurant with bar, the facility had to close between 2:00 a.m. and 6:00 a.m. The new proposed restaurant only allows five machines and the facility must be closed between 2:00 a.m. and 6:00 a.m., unless a waiver is granted. Wyndee Forrest, 1579 Alpine Hills Avenue, stated that she has been working with staff to open a brewery with a tavern. She noted that she was informed that the initiation fee for a non-gaming brew pub costs $60,000.00. She said staff helped to specify the functions of the business and how to best navigate through the licensing process. Ms. Forrest stated she supports the separation of the gaming and non-gaming for the brew pub license. Responding to a question by Councilman Bateman about the six pending applications, Mr. Dichter explained that if the application has started the process, it would be permitted. He clarified that the hours of operation are not grandfathered in. Even though ten locations have 15 machines and are not 24 hours, they are going to be considered legal non-conforming uses if the Council approves what is proposed, because the proposed restaurant with bar reduces the number of machines to five. If the facility had approval for the fish bowl, they get to keep the fish bowl. He said those locations who want to apply for an expansion to 24 hours would need a use permit to expand a legal nonconforming use. Councilman Bateman said the applications that have been filed only need to comply with the ordinance as it existed when they filed. He asked what can be considered retroactive to existing facilities or an application in the approval process. Mr. Reid responded that there is a new requirement for taverns that two employees must be on the property at all times. Ms. Hammond stated that if an applicant has not filed on the business license side, they would be subject to the requirements of whatever the Council approves on this item. She said an applicant would have to have filed for a business license before today in order to have 15 machines. Mr. Dichter said any restaurant with bar that currently does not have an enclosure in their bar and does not have an application pending, they would have to comply with the code passed tonight. Henderson City Council Committee Meeting Page 13 of 18 December 17, 2013 – Minutes Councilwoman Schroder said there would be no changes for an establishment that changes ownership. She asked what happens if a facility changes ownership and the new owner wants to substantially change the establishment. Ms. Hammond replied that the new owner would be subject to a new business license application. She said for a restaurant with bar, they would still be able to maintain the 15 gaming machines, but they would be subject to all the new licensing for the establishment. She noted that any floor plan modifications would be subject to review by Community Development. Mr. Dichter confirmed that any modifications to the existing foot print and the concept of the business must comply with the new Code. Councilman Marz expressed concern with the idea that you can have a full-fledged restaurant that caters to families, and have a total separate enclosed area with a bar and 15 machines. He stated that these establishments should be considered as a restaurant with bar. He believes a tavern is a place where adults go to eat, drink, and recreate, and does not think 60 seats are enough. He said if the facility does want to have an enclosure, then they have to be an adult establishment and separate that area for smoking, or they put 40 seats in the enclosed area and 40 seats in the other area. Councilman Marz said the City has been lax in the past and people have taken advantage of the State law that says the machines should be an ancillary part of an establishment, not the main part of the establishment. He recommended increasing the number of tables, and a tavern be an adult environment. Councilman Bateman suggested that the Council approve what staff recommended and consider applications on a case-by-case basis. He noted that the Council can change the code if there are issues. Mr. Dichter pointed out that staff's recommendation was not to allow an enclosure in a tavern or a restaurant with bar. Staff also recommended that a future tavern that wants between six and 15 machines would be required to have 100 seats, allowing 25 of those in a bar area. Mr. Reid clarified that the 15 seats around the gaming devices do not count towards the 25 seats. Mayor Hafen said he does not have concern if the enclosure is for accommodating smokers and non-smokers. He asked why staff recommends no enclosures. Henderson City Council Committee Meeting Page 14 of 18 December 17, 2013 – Minutes Mr. Dichter replied that this recommendation came from discussions during the workshops. He noted that staff can add the following wording regarding enclosures to integrate into the full establishment and design of the structure: “The bar area may be fully enclosed by separation methods as approved by the Community Development and Services Director. The enclosed bar area must be integrated with the overall establishment and have the appearance of a single business operation. This includes the design and use of materials. An entrance from the enclosed area into the dining area or a customer waiting area is required. This review shall be completed through the development review process.” Councilman Marz asked if the dining area will be a family area or does that have to be an adult area? Mr. Dichter responded that his understanding is if you have that barrier and a way to block off the smoking and non-smoking sections, you can have the dining area open to people under 21. Mr. Reid confirmed that this is pursuant to State law. If they are going to allow smoking, you have to have the barrier or a different room to allow minors. Councilwoman March pointed out that residents have many choices of going to a bar, or tavern, or a restaurant with bar. Councilman Bateman agreed that families have the choice to go to a smoking or non-smoking establishment. Tom Amick, 8345 West Sunset Road, representing Dotty’s, said it was his understanding that none of these items, either in the zoning ordinance or the licensing ordinance, would be applied retroactively. Regarding the possible requirement to have two employees on staff any time the tavern is open is a provision that may be applied retroactively, there would be a substantial issue with that. Councilman Marz said his understanding was that there were eight or nine existing restaurants with bars that had waivers that were required to have three employees, where a tavern would only require two employees, and we reduce that three to two. Ms. Hammond explained that there are 11 restaurants with bar that are non-conforming properties that have the ability to reduce the three employees to two employees. She said Mr. Amick is referring to the language regarding taverns, where there is a change in the ordinance that now requires taverns to have two employees on staff at all times. Henderson City Council Committee Meeting Page 15 of 18 December 17, 2013 – Minutes Mr. Reid clarified that the requirement for two employees was in the Code that went out as part of the impact statement. He said there were grandfathered locations that are restaurants with bar, and they are have a requirement for three employees. The proposal from staff is allowing a reduction of two employees from 2:00 a.m. to 6:00 a.m. He said we are talking about locations that have privileged licenses for liquor and gaming, and a requirement if they have the restricted gaming to provide a kitchen and food. Mr. Dichter said Dotty’s is grandfathered in, but they would have to comply with current State requirements, which is 25 minimum seats and serving food. He noted that he believes the staffing requirement would be retroactive. Councilman Marz questioned why the City would require a tavern to have two employees if the tavern does not have to serve food from 2:00 a.m. to 6:00 a.m. Ms. Hammond replied that staff felt two employees would be sufficient to properly manage and staff a tavern, and three employees would be sufficient to properly staff a restaurant with bar. Councilman Marz commented that it should be up to the operator to determine how many employees are needed from 2:00 a.m. to 6:00 a.m. Mayor Hafen stated that the recommendation for taverns is the minimum number of staff shall be two at all times the establishment is open for business to the public. He suggested the language be amended to read that the minimum number of staff shall be two at all times the establishment is operating the kitchen. If the kitchen is not open, they can go down to one staff person. Mr. Amick commented that there are many taverns that operate with one employee per shift. He said they would request if the City is going to require two employees, that that be done on a going-forward basis and not be applied retroactively. He stated that in the interest of being consistent, this one provision should not be applied retroactively. Responding to a question by Councilman Bateman as two whether this one issue can be continued for further discussion, Mr. Reid said they would have to continue the entire section related to Title 4. Mayor Hafen suggested that the only change from the Planning Commission recommendation is to increase the number of seats to 75 for six to 15 machines, and 25 of those may be counted in the bar area exclusive of the 15 bar seats. He agreed that there is no enclosure requirement. Regarding the restaurant with bar, he would leave that as proposed. He said if there is no kitchen operating from 2:00 a.m. and 6:00 a.m., he does not know why two employees would be necessary. Henderson City Council Committee Meeting Page 16 of 18 December 17, 2013 – Minutes Mr. Reid stated that in 4.36.040, Subsection M, (d), the staffing requirement for taverns reads: “The establishment shall maintain a minimum of two staff members on duty at all times.” He said staff could propose an amendment that says the establishment shall maintain a minimum of two staff members on duty at all times meals are required to be served. He noted that under the State regulations, taverns are required to serve meals 12 hours a day. Regarding a comment by Councilman Bateman to not have the 24-hour language, Mayor Hafen stated that this language will allow the Council flexibility on applications. Mr. Dichter said there are currently 12 locations that have between ten and 15 machines and are not open 24 hours. He explained that their use permit would be to expand a legal non-conforming use to request an expansion of hours. He noted that the Planning Commission will have to justify allowing that establishment to be open 24 hours. Councilman Bateman said the Council needs to be cognizant that those establishments already have 15 machines, and they want to be a restaurant with bar, but essentially operate as a tavern. He noted that they should be told that the City might consider 24 hours if they want to reduce the number of machines to five. Councilman Marz stated that establishments wanting to be open 24 hours should pay the fee a tavern pays for the privilege. (Motion) Mayor Andy Hafen moved to refer Bill No. 2822 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. C-11 BILL NO. 2823 AMEND HENDERSON MUNICIPAL CODE CHAPTER 4.36 LIQUOR - REGULATIONS AND LICENSES CITY ATTORNEY'S OFFICE Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 4.36 – LIQUOR – REGULATIONS AND LICENSES - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. Henderson City Council Committee Meeting Page 17 of 18 December 17, 2013 – Minutes Mayor Hafen suggested the following amendments to Section 4.36.040 Subsection L to read: Restaurants with bar are subject to the following: 1) meals are to be served during all hours that the bar/lounge is open for business and must maintain a minimum of three staff members on duty at all times. Notwithstanding the foregoing pre-existing, non-conforming restaurants with bar, with a minimum of 15 slots that are permitted to operate 24 hours at the time of the passage of this ordinance, may reduce staffing to a minimum of two personnel on the premises between 2:00 a.m. and 6:00 a.m. Regarding Section 4.36.040, Subsection M(d) will add a sentence: At the times meals are required to be served, there must be two employees. Josh Reid, City Attorney, suggested the sentence read: The establishment shall maintain a minimum of two staff members on duty at all times that meals are required to be served. (Motion) Mayor Andy Hafen moved to refer Bill No. 2823, as amended, to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. C-12 BILL NO. 2792 AMEND HENDERSON MUNICIPAL CODE TITLE 19 ZONING ORDINANCE AMENDMENT ZOA-13-500338 LIQUOR AND RESTRICTED GAMING APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND TITLE 19 OF THE HENDERSON MUNICIPAL CODE BY AMENDING SECTION 19.5.5.H-BREW PUB/MICROBREWERY, SECTION 19.5.5.O-EATING AND DRINKING ESTABLISHMENTS, AND SECTION 19.5.5.S.2-RESTRICTED GAMING, TO MAKE VARIOUS REVISIONS, SOME OF WHICH ARE NECESSITATED BY RECENT AMENDMENTS TO NRS.463, AND MATTERS PROPERLY RELATED THERETO. Per the Council’s discussion, Mr. Dichter read the following changes to Section 9.5.5.S.2.B(2)i.2D, the number of seats be increased from 60 to 75 total for the establishment, with 25 allowed in the bar area. Henderson City Council Committee Meeting Page 18 of 18 December 17, 2013 – Minutes In the same section, Letter E, the Council would prefer the original staff recommendation that the bar area may not be fully enclosed by use of full walls or other separation methods with only an access door provided between it and the dining area. A maximum 42-inch tall wall may be utilized to separate the bar from the dining area, or other height to accommodate seating areas as determined by the Community Development and Services Director. Mr. Reid said the motion is to amend with the change in D2 from 60 to 75 and then go back to the original staff recommendation on subsection E as stated by Mr. Dichter. (Motion) Mayor Andy Hafen moved to refer Bill No. 2792, as amended, to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. VI. PUBLIC COMMENT There were no public comments presented. VII. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Committee Meeting at 7:59 p.m. PASSED AND ADOPTED THIS 21st DAY OF JANUARY, 2014. ______________________ Andy Hafen Mayor ATTEST: ________________________ Sabrina Mercadante, MMC City Clerk